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Calcutta High CourtCRM/6299/2021allowed

Pijush @ Piyush Banik v. State Of West Bengal

2021-09-23Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

23.09.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 6299 of 2021 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 185 of 2021 dated 25.07.2021 under Sections 376/417/506 of the Indian Penal Code, 1860. And In Re : Pijush @ Piyush Banik ...... petitioner Ms. Sananda Bhattacharya .....for the petitioner Ms. Faria Hossain Ms. Baisali Basu ....for the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody since July 25, 2021. Since the police submitted charge-sheet, further detention of the petitioner is not required. She contends that the petitioner and the de-facto complainant were known to each other and that the complaint is a result of a relationship going sour. Learned advocate appearing for the State draws the attention of the Court to a statement recorded under Section 164 of the Code of Criminal Procedure and to the medical report.

Considering the statements recorded under Section 164 of the Code of Criminal Procedure and injury report and the fact

that the police submitted charge-sheet, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to the condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court.

The application for bail is, accordingly, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)